NARA Bulletin 2008-02

February 4, 2008

ATTENTION! This page has been superseded. The information listed 

below is no longer accurate. For NARA's current guidance please visit 

 http://www.archives.gov/records-mgmt/bulletins/2013/2013-03.html. 

Please note that this page is available only as a technical and historical 

reference. 

July 31, 2008

TO: Heads of Federal agencies

SUBJECT: Protecting Federal records and other documentary materials 

from unauthorized removal

EXPIRATION DATE: February 28, 2011

1. What is the purpose of this bulletin? The purpose of this bulletin is to 

remind heads of Federal agencies that official records must remain in the 

custody of the agency. 

2. What must heads of Federal agencies do to implement this bulletin? 

Heads of Federal agencies must notify officials and employees that there are 

criminal penalties for the unlawful removal or destruction of Federal records 

(18 U.S.C. 2071 and 36 CFR 1228.102) and the unlawful disclosure of 

national security information (18 U.S.C. 793, 794, and 798). They must also 

provide guidance on the handling of records containing other information 

exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) 

and the Privacy Act (5 U.S.C. 522a) or other information restricted by law.

3. Under what circumstances may officials remove records and 

documentary materials from Government custody? 

a. Officials and employees must not remove Federal records from 

Government custody. Only the Archivist of the United States has the 

authority to approve the removal of Federal records from Government 

custody (44 U.S.C. Chapter 33). Under 36 CFR 1222.40 and 1222.42, 

agencies must develop procedures to ensure that departing officials and 

employees do not remove Federal records.

b. Within agency guidelines, officials and employees may remove extra 

copies of records or other work-related, nonrecord materials when they 

leave the agency with the approval of a designated official of the 

agency, such as the agency's records officer or legal counsel.

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1. Copies of records that are national security classified must remain 

under the control of the agency. If the agency permits removal, they 

must be transferred to a facility that has an appropriate level security 

storage area and safeguarded in accordance with Information 

Security Oversight Office requirements for national security 

classified materials (36 CFR 1222.42 and 32 CFR 2001.40 - 

2001.53).

2. Copies of records that are otherwise restricted (e.g., under the 

Privacy Act) must be maintained in accordance with the appropriate 

agency requirements.

c. Officials and employees may remove documentary materials that are of 

a purely personal nature when they leave the agency. Personal 

materials include family and personal correspondence and materials 

documenting professional activities and outside business or political 

pursuits. However, in many cases, officials and employees intermingle 

their personal and official files. In those cases, the agency may need to 

review and approve the removal of personal materials to ensure that all 

agency policies are properly followed.

4. What materials are Federal records? As defined in 44 U.S.C. 3301, 

Federal records are documentary materials that agencies create and receive 

while conducting business that provide evidence of the agency's 

organization, functions, policies, decisions, procedures, and operations, or 

because they contain information of value. Records may be in paper, film, 

tape, disk, or other physical form. They may be generated manually, 

electronically, or by other means.

5. Are there Federal documentary materials that do not qualify as 

records? Materials such as extra copies of records kept solely for 

convenience of reference, library or museum materials, and stocks of 

publications and processed documents are excluded from the definition of 

"record" (44 U.S.C. Chapter 33). These work-related materials, though 

excluded from the definition of "record," nevertheless belong to and are 

controlled by the Government (36 CFR 1222.34(f)) and must not be removed 

unless approved as cited in par. 3. 

6. How must officials and employees maintain records and 

documentary materials to distinguish and separate the different types 

of materials?

a. Federal records must be maintained in agency files or electronic 

recordkeeping systems. Officials and employees must know how to 

ensure that records are incorporated into files or electronic 

recordkeeping systems, especially records that were generated 

electronically on personal computers. Only records needed for current 

operations, such as open case files, may be maintained at the official's 

or employee's desk.

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b. Depending on agency policies, agencies may permit officials and 

employees to keep extra copies for convenience of reference in their 

offices or workstations. However, officials and employees must obtain 

the agency's permission if they want to remove any of these materials 

from the agency (36 CFR 1222.42).

7. What do officials and employees do with records and other 

documentary materials that are no longer needed? Records are 

maintained in agency files and other recordkeeping systems. When a record 

is finalized, when a case file is closed, or at another appropriate time, the 

official or employee must follow established procedures for incorporating it 

into the appropriate recordkeeping system. Records must be maintained in 

recordkeeping systems so that they will be integrated, either physically or 

intellectually, with related records and where they will be accessible to all 

staff who may need them. Records must remain in the custody of the agency 

and may be removed only in accordance with the agency's guidelines.

8. What does an agency do if there is an unauthorized removal of 

records? If an agency knows of any actual or potential threat to records 

(e.g., removal, alteration, or destruction), it must contact the National 

Archives and Records Administration (NARA), as required by 36 CFR 

1228.104. NARA will assist the agency in contacting the Attorney General for 

the recovery of any unlawfully removed records. It is also important to follow 

all agency internal reporting requirements, which may include reporting the 

threat to the agency's legal counsel and to its Inspector General.

9. Is further information available within my agency? Your agency's 

records officer has more information about the maintenance and disposition 

of records and extra copies of records. Your agency's records officer, legal 

counsel, or information security officer has more information about your 

agency's policies on the removal of extra copies of records and how to 

secure approval. The list of agency records officers is available online at 

http://www.archives.gov/records-mgmt/agency/officers-lists.html.

10. Is further information available from NARA? 

a. NARA's publication Documenting Your Public Service is available online 

at http://www.archives.gov/records-mgmt/publications/documentingyour-public-service.html.

b. NARA's publication Agency Recordkeeping Requirements is available 

online at http://www.archives.gov/records-mgmt/publications/agencyrecordkeeping-requirements.html.

c. Information about NARA's records management regulations (36 CFR 

Chapter XII, Subchapter B), including the identification and protection of 

Federal records, is available online at 

http://www.archives.gov/about/regulations/regulations.html.

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.

11. Is assistance available from NARA? 

a. NARA's Lifecycle Management Division provides assistance and advice 

to agency records officers in the Washington, DC, area. Your agency's 

records officer may contact the NARA appraiser or records analyst with 

whom your agency normally works. A list of the appraisal and 

scheduling work groups is posted on the NARA web site at 

http://www.archives.gov/records-mgmt/appraisal/ The Records 

Management staff in NARA's regional offices provides assistance to 

records officers across the country. A complete list of NARA regional 

facilities may be found at http://www.archives.gov/locations/.

b. Officials who wish to donate collections of personal papers and extra 

copies of records to a Presidential library may contact the National 

Archives and Records Administration, Office of Presidential Libraries 

(NL), Room 2200, 8601 Adelphi Road, College Park, MD 20740-6001, 

or by telephone at 301-837-3250.

ALLEN WEINSTEIN

Archivist of the United States

Contact Us Accessibility Privacy Policy Freedom of Information Act No FEAR Act USA.gov

The U.S. National Archives and Records Administration

1-86-NARA-NARA or 1-866-272-6272 

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